MATTER OF SMITH v. ANNUCCI

2016-09155 Index No. 673/16.

160 A.D.3d 651 (2018)

74 N.Y.S.3d 310

2018 NY Slip Op 02330

In the Matter of Willie Smith, Petitioner, v. Anthony J. Annucci, Acting Commissioner of the New York State Department of Corrections and Community Supervision, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 4, 2018.


Adjudged that the petition is granted, without costs or disbursements, so much of the determination dated January 14, 2016, as affirmed so much of the determination dated October 13, 2015, as found the petitioner guilty of violating Institutional Rules of Conduct rules 114.10 and 180.11 (7 NYCRR 270.2 [B] [15] [i]; [26] [ii]) is annulled, the penalties imposed are vacated, those charges are dismissed, and the respondent is directed to expunge all references to those findings...

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